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Home My WebLink AboutDOA 4.23.2002.,� Massachusetts Department of Environmental Protection 4-FljCOPY an Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability K , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filing out forms on the YARMOUTH Computer, use only the tab Conservation Commission key to move To: Applicant Property Owner (If different from applicant): your cursor - do not use the Donald Dellorco return key. Name Name 16 Hillside Carole Ma � Marling Address MaBing Address Hanover MA 02339 CRy/Tovm State Zip Code City/Town State Zip Code �.. 1. Title and Date of Final Plans and Other Documents: Plan showing proposed remodel of eAsting dwelling 12/01 TRIe Final Date (or Revised Date If applicable) 2. Date Request Fled: . 4-2-02 B. Determination Pursuant to the authority of M.G.L. 6.131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): To construct a wooden deck and second story addition to an wdsting dwelling Project Location: 112 Breezy Point Road South Yarmouth Street Address Cltylrovm 34 230 Assessors MaptPlat Number Parcel/Lot Number VVPA Fo 2 P.o. I a s Rm roRn .E ,3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability `Fµ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) The following Determination(s) Ware applicable to the proposed site and/or project relative to the Wetlands Protection Ad and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent orAbbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) Is an area subject to protection under the Act. Removing, filling, dredging, or aftertng of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination Is valid. ❑ 2b. The boundaries of resource areas listed below are confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The -work described on referenced. plan(s) and documents) Is within an area strbjed to protection under the Ad and will remove, fill, dredge, orafter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will after an Area subject to protection under the Act. Therefore, said work requires the firing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) Is subject to review and approval by. Name of Wi delpality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordrunce or Bylaw Citation VVPA Fmn 2 Paps 2 d S RM (DIM ¢ Massachusetts Department of Environmental Protection ., Bureau of Resource Protection -Wetlands =Z_ WPA Form 2 — Determination of Applicability v- Massachusetts Wetlands Protection Act M.G.L c. 131, §40 B. Detennination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but ►Lot. subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed forthe work in the Riverfront Area described on referenced plan(s). and document(s), which includes all or part of the work described in the Request, the applicant must considerthe following aftematnves. (Refer to the wetland regulations at 10.58(4)m for more Information about the scope of aftematives requirements), ❑ Alternatives limited to the tot on which the project is located. ❑ Aftematives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Aftematives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post -marked for certified mail or hand delivered to the Department Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document ❑ 1. The area described In the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request Is within an area subject to protection under the Act, but will not remove, fill, dredge, or after that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not after an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). All roof runoff be directed Into dryweils and the proposed deck shall not be enclosed without a future filing. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work afters an Area subject to protection under the Act WPA Form 2 RM 07M - Pag*3 dS AS Massachusetts Department of Environmental Protection _ Bureau of Resource Protection - Wetlands s WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c..131, §40 B. Determination (cunt.) ❑ 5. The area described In the Request Is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified In the Act and the regulations, no Notice of Intent is required: Exempt ActK* (site applicable statuatoryhegdatory provisions) ❑ 6. The area and/or work described in the Request Is not subject to review and approval by: Name of MuNdpardy Pursuant to a municipal wetlands ordinance or bylaw. Name C. Authorization This Determination is Issued to the applicant and delivered as follows: ❑ by hand delivery on •l1 - Ordnance or Bylaw Citation El by certified mail, return receipt requested on 4-23-02 Date This Determination is vald for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional oflkq (see Appendix A) and the property owner (if different from the 4_18-0 Date WPA Fa 2 Pap4d5 - RW 07A0 ;t Massachusetts Department of Environmental Protection T x. Bureau of Resource Protection - Wetlands t WPA Form 2 — Determination of Applicability . a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of Issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant If he/she is not the appellant. The request shall state dearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. VVPA Fom 2 - - Page S of 5 RM 07AM